Leonard R. McGUIRE, Plaintiff-Appellant, v. Otis R. BOWEN, M.D., Secretary of Health and Human Services, Defendant-Appellee

This is an appeal by attorney Gerald Benjamin from a reduction in attorney fees claimed after Benjamin successfully represented a claimant in a social security disability benefits case. Benjamin and the claimant were parties to a twenty-five percent contingent fee contract. The benefits awarded amounted to $21,924.50, and Benjamin claimed a fee of $3,969.50, supported by recapitulated time records indicating 31% hours of work.1 This results in an hourly rate, if one is computed, of $125 per hour. The district court found the time spent to be reasonable, but only awarded $3,175. In its order,…